Scott N. Schreiber represents business debtors, creditors, creditors’ committees and equity holders in a wide range of bankruptcy matters, including domestic and international bankruptcy insolvency proceedings and out-of-court restructurings.
Scott is co-leader of the firm’s Corporate Restructuring and Bankruptcy practice group. He regularly advises clients who are impacted by either their own financial distress or the financial distress of their customers. Scott has been lead counsel for business debtors, creditors, creditors’ committees equity holders, chapter 7 and 11 trustees, landlords and purchasers of assets in cases under the Bankruptcy Code and state insolvency proceedings. He also represents assignees for the benefit of creditors in out- of-court proceedings. Scott has substantial experience in preferential transfer and fraudulent conveyance litigation and often represents officers and directors of financially distressed companies. He has been appointed liquidating trustee under confirmed plans of reorganization.
By listening to his clients concerns and relying on his knowledge of the Bankruptcy Code and his experience representing manufacturers, business debtors, lenders and similarly situated parties, Scott’s clients have achieved favorable results in financially distressed situations. Scott uses that same skill set when representing clients who acquire assets from distressed businesses. Scott is an active speaker on bankruptcy and creditors’ rights topics, appearing before a variety of professional organizations and is general counsel to national trade credit groups where he advises the members on creditor protection issues.
Illinois Super Lawyer in Bankruptcy: Business (2012-2023)
Named a Leading Lawyer in Illinois by Leading Lawyers℠ (2022)
American Bankruptcy Institute
Chicago Bar Association
Jewish National Fund’s Boruchin Center, Chair
Jewish National Fund, Current Board of Trustees and National Board of Directors, past Midwestern Regional President and the past President of the Board for Chicago
Jewish National Fund, Member of Makor Speakers Bureau
Jewish National Fund, Member of Budget and Finance Committee
Jewish National Fund, Vice President of Missions
Turnaround Management Association
State Bar Licenses
As Counsel to Creditors and Equity Holders in Court Proceedings
- In re POC Properties, LLC – represented the equity holders in this Chapter 11 case.
- In re AppleIllinois, Inc. – represented the liquidating trustee under confirmed Chapter 11 plan.
- In re Browns Chicken & Pasta – represented unsecured creditors committee in this regional fast food franchisor bankruptcy.
- In Re Label Systems Inc. – represented unsecured creditors committee. Obtained 100% dividend for all creditors within six months of being retained.
- In re Ventilex, USA – represented unsecured creditors committee. Debtor was the sales division of a foreign manufacturer. Negotiated settlement that ended 3-year dispute and obtained sizable dividend for creditors.
- In re Proven Methods Seminars – represented the unsecured creditors committee. Plan was confirmed 10 months after the case was filed. Creditors received a 70% dividend and waiver of all avoidance actions.
- In re Purely Cotton, Inc. – represented the unsecured creditors committee for this start-up manufacturer of cotton-based tissue paper. Negotiated for the sale of intellectual property to an identified strategic buyer and created a fund to make an initial distribution in excess of 25% to the unsecured creditors.
- In re Edgewater Medical Center – represented the unsecured creditors committee. Negotiated a carve-out for unsecured creditors even though the secured creditor was not paid in full.
- In re Pasteurized Eggs – represented the ad hoc Equity Committee where the principal asset of which was the company’s technology to pasteurize raw eggs.
As Counsel to Secured and Significant Lenders in Court Proceedings
- In re Castle Cheese – represented pre-petition and DIP secured lender owed in excess of $9.0MM.
- In re Not Really, et al. – represented pre-petition and DIP secured lender owed in excess of $10.0MM.
- In re Duraco Products, Inc. – represented pre-petition and DIP secured lender in a $5.0MM facility.
- In re PMB Hydra Screw, Inc. – represented pre-petition and DIP secured lender in a $3.0MM facility.
- Nissan Motor Acceptance Corp. v. Gold Coast Infiniti – represented the floor plan lender.
- In re Belvidere Bay LLC – represented the secured lender in this single asset Chapter 11 real estate case.
- In re John Hubler Nissan – represented Nissan North America in this Chapter 11 bankruptcy case.
As Counsel to Debtor in Court Proceedings
- In re Better Housing Foundation – represented five related portfolios comprising approximately 1,900 affordable housing units in structured 363 sales to satisfy approximately $200MM bond debt.
- In re Livemercial Aviation Holding LLC- represented this aviation holding company in Chapter 11.
- In re Pheasant Run Apartments, LP – represented this 190 unit apartment complex in Chapter 11.
- In re RHC/Spacemaster Corporation – represented the fourth largest manufacturer in the back-room shelving industry with annual revenues exceeding $200 million.
- In re Fleming Packaging – represented this leading manufacturer of pressure-sensitive labels catering to the wine and spirits industries with annual revenues of $60 million.
- In re Telco Services – represented this manufacturer of communication transmission enclosures with annual revenues of $200 million per year.
- In re Nedwick Steel Company/ American Steel Works – represented this specialty steel manufacturer.
As Counsel to Debtor in Out of Court Proceedings
- Represented the publisher of nationally known magazine in an out of court debt restructuring.
- Represented numerous residential home builders in restructuring their secured and unsecured debt obligations owed to numerous separate lending institutions with aggregate secured debt in excess of $400,000,000.
As Counsel To Buyers of Assets From Distressed Situations
- Buyers counsel in My Child’s Room (furniture store).
- In re Media Copy, Inc. (video reproduction company).
- In re Future Media, Inc. (video reproduction company).
- In re Rickel Home Centers (chain of home improvement stores).
- In re Archibald Candy Company (Fannie May Candy Company) (prospective buyer).
- In re United Homes (land and home developer) (prospective buyer).
- In re Lake Shore Mazda (automobile dealership).
- In re Ben Franklin, Inc. (craft stores).
- In re H.I. Schaumburg Investment (200+ room Holiday Inn).
- Essex Crane Rental Corp. (supplier of crane rental and lifting services).
- In re Nanoink (technology company).
- Represented Assignee for the benefit of creditors in Power Plate North America (international manufacturer and distributor of specialized exercise equipment).
- Scott & Robbie Schreiber Named 2021 Tree of Life Award Recipients
- “Purchase Order Financing to the Debtor in Possession,” AIRA Journal, Vol. 32 No. 4 (2020)
- Clark Hill attorney Scott N. Schreiber quoted in The Daily Beast article “Trump’s Get Rich Seminar Partnered With Couple Prosecuted for Fraud”, April 2016
- Adding Lawyers Just One Part of Koenig’s Job in Chicago Daily Law Bulletin